How Much are Court Fees?

Parties to construction and property litigation must budget for paying court fees, as well as their own legal and expert costs.

The court will charge fees to parties involved in litigation that vary depending on which steps the parties wish (or are required) to take.

For a claimant who is trying to recover money from an opponent, the issue fee (payable upfront for starting the litigation) depends upon the amount of money being claimed. Some claim values attract fees that are a percentage of the amount claimed: for example, claims between £10,000 and £200,000 attract a fee of 5% of the amount claimed. Once the claim value exceeds £200,000, a flat fee of £10,000. The same flat fee is payable whether the claim value is £20,001 or £200 million.

Any counterclaim attracts the same fee structure. So if a claim for more than £200,000 is made, and a counterclaim for more than £200,000 is also made, the parties must pay £10,000 each (£20,000 total) to the court just to get the litigation started.

Where a claimant (or defendant) asks the court for a non-monetary remedy (such as an injunction) the issue fee is significantly less: just £663 in the High Court. If damages are also claimed, both the non-money and relevant money-claim fees may be payable.

Applications made during proceedings also attract fees. A typical on-notice application costs £321, while an application made by consent or without notice costs £126.

For cases proceeding to trial, the hearing fee is £1,334 for most Technology and Construction Court trials (which will proceed on the intermediate-track or multi-track).

Enforcement of court judgments may involve further fees; for example, sealing a High Court writ of control costs £82, while an application for a charging order costs £139.

A full list of applicable court fees can be found in HMCTS Civil Court Fees (EX50). If you would like help understanding the court fees that may be applicable to your case, contact Hamshaw today.